Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

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Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88449549 META BRAIN(Standard Characters, see http://uspto.report/TM/88449549/mark.png) has been amended as follows:

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Dear Jared M. Mason, The applicant's mark is refused registration due to likelihood of confusion with Reg No. 3140775 "BRAIN" mark. And there is a prior-filed App. No. 87518437 "BRAIN" mark that may bar the registration of the applicant's mark if it matures to registration in the future. The applicant asks the examiner to suspend this application because the status of the prior-filed mark No. 87518437 is uncertain. Thank you.

The applicant's current attorney information: Yue (Robert) Xu. Yue (Robert) Xu of APEX ATTORNEYS AT LAW, LLP, is located at

      160 ALAMO PLAZA #942
      ALAMO, California 94507
      US
The docket/reference number is 190124META-U.

The phone number is 408-647-5296.

The fax number is 408-458-2551.

The email address is trademark@apex-attorneys.com

The applicants proposed attorney information: Yue (Robert) Xu. Yue (Robert) Xu of APEX ATTORNEYS AT LAW, LLP, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at

      160 ALAMO PLAZA #942
      ALAMO, California 94507
      United States
The docket/reference number is 190124META-U.

The phone number is 408-647-5296.

The fax number is 408-458-2551.

The email address is trademark@apex-attorneys.com

Yue (Robert) Xu submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.
The applicant's current correspondence information: YUE (ROBERT) XU. YUE (ROBERT) XU of APEX ATTORNEYS AT LAW, LLP, is located at

      160 ALAMO PLAZA #942
      ALAMO, California 94507
      US
The docket/reference number is 190124META-U.

The phone number is 408-647-5296.

The fax number is 408-458-2551.

The email address is trademark@apex-attorneys.com; apex.attorneys@aol.com; trademark.aaal@gmail.com

The applicants proposed correspondence information: Yue (Robert) Xu. Yue (Robert) Xu of APEX ATTORNEYS AT LAW, LLP, is located at

      160 ALAMO PLAZA #942
      ALAMO, California 94507
      United States
The docket/reference number is 190124META-U.

The phone number is 408-647-5296.

The fax number is 408-458-2551.

The email address is trademark@apex-attorneys.com; apex.attorneys@aol.com; trademark.aaal@gmail.com

SIGNATURE(S)
Response Signature
Signature: /YUE XU/     Date: 09/17/2019
Signatory's Name: Yue Robert Xu
Signatory's Position: Attorney of record, California Bar member

Signatory's Phone Number: 408-647-5296

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    YUE (ROBERT) XU
   APEX ATTORNEYS AT LAW, LLP
   
   160 ALAMO PLAZA #942
   ALAMO, California 94507
Mailing Address:    Yue (Robert) Xu
   APEX ATTORNEYS AT LAW, LLP
   160 ALAMO PLAZA #942
   ALAMO, California 94507
        
Serial Number: 88449549
Internet Transmission Date: Tue Sep 17 19:10:30 EDT 2019
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-201909171910307
77653-88449549-610a355cc1280952959ab3f63
b4e7142c03de70d8ff79a617e2138aacb3fa93f-
N/A-N/A-20190917190541915871